The Saratoga man accused of a hit-and-run that severely injured former competitive cyclist Ashley Jackson has been appointed a doctor who will determine if he is mentally fit to stand trial.

According to the prosecution, Robert Schiro hit Ashley Jackson and her husband David Nelson with his silver BMW as the two were biking down Highway 9 in Saratoga in April 2009. Schiro stopped for a moment and then fled in his car, according to statements by Nelson.

Schiro’s attorney, Guy Jinkerson, told the court at a Feb. 2 hearing that his client has dementia and would not be able to “cooperate or add meaningful information” in the case against him. The court then appointed a doctor on Feb. 9 to evaluate the defendant’s mental state.

The court will receive the doctor’s report at a hearing scheduled for March 30 at 1:30 p.m. in Dept. 24 of the Santa Clara County Hall of Justice, 190 W. Hedding St., in San Jose.

If Schiro is found incompetent and unfit to stand trial, he could be placed in a state hospital for a maximum of four years.

Schiro’s declaration of incompetence comes just three months after he pleaded guilty to felony hit-and-run charges in exchange for a lighter sentence. The deal the defense made with the court included a one-year prison term.

However, Judge Rene Navarro withdrew the deal on Nov. 2 after reviewing further evidence in the case. It’s been reported that Navarro also received multiple letters from people who were outraged by the light sentence.

It also comes weeks after Jinkerson said he would be able to provide the courts with evidence that his client’s driver’s license should not have been suspended in April 2009.

Schiro is facing five counts, three for hit-and-run causing injury and two for driving with a suspended license. He faces a maximum of four years in state prison if convicted on all charges.

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